H 3128 General Bill, By Lourie, J. Brown, Clark, Cotty, J.H. Neal, Harrison, 
Govan, Gilham, Martin, Stille, Sinclair, J.E. Smith, W.D. Smith, Huggins, 
E.H. Pitts, Jennings, Emory, Skelton, Owens and Scott

Similar(H 3100)
 A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S
 MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO
 PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE
 FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER
 TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.

   12/04/02  House  Prefiled
   12/04/02  House  Referred to Committee on Education and Public Works
   01/14/03  House  Introduced and read first time HJ-55
   01/14/03  House  Referred to Committee on Education and Public
                     Works HJ-56
   01/23/03  House  Member(s) request name added as sponsor: J.Brown, Clark
   02/04/03  House  Member(s) request name added as sponsor: Cotty
   02/12/03  House  Member(s) request name added as sponsor: J.H.Neal
   03/05/03  House  Committee report: Favorable Education and Public
                     Works HJ-9
   03/06/03  House  Requests for debate-Rep(s). Lourie HJ-16
   03/13/03  House  Member(s) request name added as sponsor:
                     Harrison, Govan, Gilham, Martin, Stille,
                     Sinclair, J.E.Smith, W.D.Smith
   03/18/03  House  Requests for debate-Rep(s). Lourie, Stille,
                     Martin, McLeod, JE Smith, Duncan, Weeks, Scott,
                     J Brown, Lloyd, Walker, Hinson, Gilham,
                     Breeland, Mack, R. Brown, Scarborough, Altman,
                     Skelton, Govan, Witherspoon, Emory,  JH Neal &
                     Hosey HJ-21
   03/19/03  House  Member(s) request name added as sponsor: Huggins,
                     E.H.Pitts, Jennings, Emory
   03/25/03  House  Member(s) request name added as sponsor: Skelton
   03/26/03  House  Member(s) request name added as sponsor: Owens, Scott
   04/08/03  House  Debate adjourned until Wednesday, April 9, 2003 HJ-96
   04/09/03  House  Amended HJ-45
   04/09/03  House  Read second time HJ-62
   04/09/03  House  Roll call Yeas-65  Nays-46 HJ-62
   04/10/03  House  Read third time and sent to Senate HJ-40
   04/10/03  Senate Introduced and read first time SJ-3
   04/10/03  Senate Referred to Committee on Transportation SJ-3
   05/27/03  Senate Committee report: Majority favorable, minority
                     unfavorable Transportation SJ-22
   05/28/03         Scrivener's error corrected

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 27, 2003

H. 3128

Introduced by Reps. Lourie, J. Brown, Clark, Cotty, J.H. Neal, Harrison, Govan, Gilham, Martin, Stille, Sinclair, J.E. Smith, W.D. Smith, Huggins, E.H. Pitts, Jennings, Emory, Skelton, Owens and Scott

S. Printed 5/27/03--S.    [SEC 5/28/03 2:51 PM]

Read the first time April 10, 2003.

To whom was referred a Bill (H. 3128) to amend Section 56-5-6540, as amended, Code of Laws of South Carolina, 1976, relating to penalties for violations and enforcement of the State's mandatory use of seat belts, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

Majority favorable.    Minority unfavorable.

GREG RYBERG    JOHN R. KUHN

For Majority.    For Minority.

TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-5-6540 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:

"Section 56-5-6540.    (A)    A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No Court costs, assessments, or surcharges may not be assessed against the person convicted. No A person may not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

(B)    A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:

(1)    when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2)    when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C)    A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D)    A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

In addition, a conviction for violation of this article must not be reported to the offender's motor vehicle insurer.

(E)(B)    A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F)(C)    No A vehicle, driver, or occupant in a vehicle may not be searched solely because of a violation of this article, nor may consent to search be requested or a stop made under subsection (B)(1).

(D)    A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter."

SECTION    2.    This act takes effect six months after the date of approval by the Governor.